A Call to Action: The Path in Alberta

During my two year tenure at the Law Society of Alberta (LSA), I collaborated with NVision Insight Group Inc. to produce “The Path: Indigenous Cultural Competency Education” (“The Path: Alberta”), a program designed for all lawyers across Alberta. In developing this course, I engaged extensively with stakeholders, academics, lawyers, individuals, elders, matriarchs, community members, and committees to ensure its accuracy and effectiveness.

Recently in Alberta, a group of lawyers has petitioned the LSA to remove Rule 67.4, which allows the LSA to mandate legal education. This development highlights the ongoing challenges within the legal profession regarding mandatory cultural competency training. I believe that “The Path: Alberta,” as a compulsory course, serves as a valuable guide for lawyers to make positive changes in their professional and personal lives by:

1. Bringing them closer to reconciliation.

2. Revealing the “truth” that has often been hidden in Canada’s history.

3. Encouraging them to live and practice in a manner that honors and centers Indigenous ethics such as love, honesty, truth, respect, humility, wisdom, and courage.

The legal profession has historically been steeped in the legacy of colonialism and systemic racism. Indigenous Peoples have faced numerous barriers to justice within the Canadian legal system, and the relationship between Indigenous communities and the legal system has been fraught with racism and a lack of accountability for acts of genocide. In recent years, efforts have been made to address the systemic issues faced by Indigenous Peoples and to promote equity, diversity, and inclusion within the legal profession. The creation of “The Path: Alberta” and its designation as a mandatory continuing professional development program was one such effort. Notably, in November 2022, the Law Society of Alberta suspended approximately 30 lawyers for their failure to complete this essential training.

As the co-producer of “The Path: Indigenous Cultural Competency Education” alongside NVision Insight Group Inc., I view “The Path” as a vital tool for promoting positive change within the legal profession. It provides lawyers with an opportunity to understand why gradual reform is needed in the legal system through autonomous, self-directed learning via online video modules. These modules are designed respectfully, acknowledging that lawyers possess existing knowledge and life experiences.

Additionally, another module I created centers on the colonial contact in Alberta between Indigenous Peoples and settlers. In this module, lawyers learn about the illegal seizure of Indigenous lands, the forced removal and displacement of Indigenous Peoples from their traditional territories, and the control over Indigenous lands through the imposition of treaties, laws, Indian Agents, and illegal regulations like the “Pass System.” These policies have been—and in some cases, continue to be—imposed by federal and provincial governments without the consent of Indigenous Peoples.

“The Path” also includes modules discussing the Residential School System, a network of boarding schools established by the Canadian government and run by Christian churches. I listed all the residential schools in Alberta so that lawyers could learn about schools that may be nearby, in case their friends or clients attended them. Similarly, Alberta Indian hospitals are described and outlined in the modules, allowing lawyers to learn about the Indigenous children who were kept there for years—sometimes never returning home—and where forced sterilizations and cruel experiments took place.

Since 2021, with the ongoing discovery of the remains of Indigenous children at former residential schools, there has been an increased awareness of the need to understand the truth of what happened in Canada and the necessity for lawyers to practice reconciliation. As Chief Commissioner for the Truth and Reconciliation Commission, Murray Sinclair, said: “We have described for you a mountain. We have shown you the path to the top. We call upon you to do the climbing.”

In conclusion, “The Path: Alberta” is an important tool for beginning the journey toward understanding that building relationships with Indigenous Peoples is key to reconciliation. While it can be challenging to appreciate how best to undertake this journey, the course encourages lawyers to engage with purpose and accountability. Some may prefer to shut down before they even look at the mountain; others might look away during the journey. However, those who choose to climb with intention are taking meaningful steps toward reconciliation and embodying the values of love, honesty, truth, respect, humility, wisdom, and courage.